Q: What is E-1 visa? A: The E-1 treaty trader visa is a nonimmigrant visa which allows foreign nationals of a treaty nation to enter into the U.S. and carry out substantial trade. A treaty trader belongs to a nation that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S. Trade includes commercial transactions in goods and trade in services and technology like banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer and other measurable services which may be traded.                              Q: How do I qualify for E1 visa? A: You may qualify for E-1 visa if: • You are an executive, manager or specialist in a treaty nation company operating in the U.S., or you own 50 per cent of the company;   • The nationals of your country own at least 50 per cent of the stock of the company i.e. the firm has the nationality of the treaty country;   • You are a citizen of a treaty trade country, and are involved in international trade;   • You are the immediate family members of a principle E-1 visa holder.                                        -- Q: What privileges do I enjoy on E-1 visa?     A: On E-1 visa, you may: • Work legally in the U.S. for a U.S. company where more than 50 per cent of the business is trade between the U.S. and your home country;   •  Travel freely in and out of the U.S;   • Stay in the U.S. on a prolonged basis with unlimited two year extensions as long as you maintain E-1 qualifications;   • Bring your dependents along to the U.S. Your spouse can also work in the U.S. Q: What are the limitations of E-1 visa?     A: The limitations of E-1 visa are: • You are restricted to working only for the specific employer or self-owned business that acted as your E-1 visa sponsor;   • E-1 visas are available only to foreign nationals of countries having trade treaties with the U.S.;   • E-1 visas are approved for two years at a time which makes the application or extension process cumbersome;   Q: How long can I stay in the U.S. on E-1 visa?     A: You may stay in the U.S. on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-1 qualifications. You may apply for unlimited extensions as long as you are qualified for an E-1 visa.   Q: Can I change status while on E-1 visa?     A: Yes, you may apply for change of status while on E-1 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, indicating your change of status with appropriate supporting documents.   Q: Are there any travel restrictions on E-1 visa?     A: No, there are no travel restrictions on E-1 visa. You may travel as many number of times as required before the expiry of your E-1 status. The USCIS does not impose any time limit on your stay abroad.       Q: Can I study on E-1 visa?     A: Yes, you may study on E-1 visa. However, you may not join full-length study programs. You may take up a few credits at a university provided they do not harm the primary interest of your visa.   Q: Can I bring my dependents on E-1 visa?     A: Yes, you may bring your spouse and unmarried children under the age of 21 years to stay along with you. They may stay in the U.S. as long as you maintain your E-1 status. You may bring a domestic or personal servant on nonimmigrant status, provided you can show that: • not abandoning his or her residence abroad;   • has served you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant Q: Can my dependents work or study on E-1 visa?     A: Yes, your spouse may seek employment by applying for Employment Authorization using Form I-765, Application for Employment Authorization. Your dependents can study in U.S. schools, colleges and universities on E visa, and do not have to apply for separate student visa such as an F-1 visa. Q: What are the E-1 and E-2 Visa? A: E-1 and E-2 visas are available to citizens of foreign countries that have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries, with the United States.  The E-1 Treaty Trader visa is specifically designed for alien business owners, business managers, and employees who are required to stay in the U.S. for prolonged periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and a foreign country.  The E-2 Treaty Investors visa is available to an alien who is a citizen or national of a treaty country, and who wishes to enter the U.S. solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital. Q: What are the major requirements for an E-1 visa? A: Three major requirements need to be met: 1) The alien must be a national of a treaty country; 2) The alien must engage in substantial trade; 3) The alien must engage in principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification, trade qualifies as “principal trade” between the U.S. and the treaty country, when more than 50% of the total volume of international trade is between the U.S. and the trader’s treaty country. Q: What are the major requirements for an E-2 visa? A: Three major requirements need to be met: 1) The alien must be a national of a treaty country; 2) The alien must have invested, or be investing, a substantial amount of capital in an enterprise in the U.S.; 3) The alien must be seeking a U.S. visa solely to develop and direct this investment enterprise. This can be proven by providing evidence that the alien owns at least 50% of the enterprise, or that invester possesses operational control of the enterprise through a managerial position. Q: How can an employee qualify for E-2 visa? A: In order for an employee of an investor to apply for this visa, there are a series of E-2 visa requirements that must be met: • The employee must be a citizen of the same treaty country that the principle E-2 investor maintains the citizenship; • You must be able to prove that your employee is necessary for the fulfillment of your endeavor. This is easily proven if he or she is a manager or executive, but can also be proven if he or she has specialized knowledge that makes them instrumental to the operation or development of your enterprise. Q: Is a Business Plan required for E-2 visa application? A: It is not an official E-2 visa requirement to have a Business Plan. However, it is highly recommended that you submit a comprehensive business plan along with your E-2 evidence. This is because the U.S. Consulate or USCIS wants to see that your enterprise will create jobs, and stimulate the economy in the United States. To prove this, you need to make it clear that you have experience starting a business or that your enterprise has a high likelihood of success. Submitting a Business Plan is the best way to accomplish this. Q. Are there restrictions on my ability to travel while on E-2 visa? A: One of the fortunate things about the E-2 visa are that there are no any travel restrictions imposed, such as the number of times you are permitted to leave and re-enter. U.S. Consulate or USCIS also does not specify the amount of time you can stay abroad before having to return. Q. Am I allowed to study on an E-2 visa?  and am I allowed to change status while on E-2? A: You are permitted to study on an E-2 visa but cannot join a full-length program like those on F1. As long as it doesn’t harm the primary interest of your visa. You can apply for a change of status by submitting Form I-129, Petition for Nonimmigrant Worker or Form I-539, Application to Extend/Change status. Q. What is the processing time? and when is the best time to apply for the extension? A: Normally, it ranges from two to four months from the filing of the application. Be aware that this can vary depending on the workload in the U.S. Consulate or USCIS. It is ideal to file the E-2 visa extension before the I-94 expires. If you file the extension before your I-94 expires, you can still work while pending the decision. Q. Can I apply for a Green Card while on E-2 status? A: You can apply for U.S. Green Card assuming you meet the right qualifications. There are a few general paths to obtain a U.S. Green Card. The first is the EB-1 route. If you are an “Alien of Extraordinary Ability”, or “Multi-Manager or Executive” you can chose this route, or you can chose EB2 National Interest Waiver. Another way is through a Family Based Immigration Green Card. If you have a close relative in the United States, it’s wise to explore this option. Q: Must the trading company exist and or the investments be made before the E-1 visa is issued?     A: The trade must already be established at the time the E-1 visa application is filed. However, the Investments may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. The investment funds may come from any country, including the U.S., as long as they are controlled by the investor applicant.                                    Q: What is the principal trade?     A: When over 50 per cent of the volume of the treaty trader's international trade is conducted between the U.S. and the country of nationality, it is termed as principal trade.  Q: What is substantial trade? A: Substantial trade is that volume sufficient to ensure continuous flow of international trade between the U.S. and treaty country, and it should be numerous transactions over time. There is no value or volume minimum. However, smaller businesses are expected to yield income sufficient to support the treaty trader and his or her family. Substantial trade contemplates a continuous flow of trade items between the U.S. and the treaty country. This means numerous transactions rather than a single transaction regardless of monetary value. Q: What is a substantial investment? A: There is no fixed amount which is considered “substantial.”  A substantial amount of capital constitutes that amount which is ample to ensure the investor’s financial commitment to the successful operation of the enterprise as measured by the proportionality test.  The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise. The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees. Q: Are joint ventures permitted? A: Yes, provided that the individual investor applying for the visa is in a position to “develop and direct” the enterprise. The applicant is in such a position by controlling the enterprise through ownership of at least 50% of the business, possessing operational control through a marginal position or other corporate device, or by other means showing the applicant controls the enterprise. Q: How long may the Treaty Trader or Investor stay in the U.S.? A: The E visa applicant must have the intention of departing the U.S. upon conclusion of the commercial activities. Nevertheless, holders of E visas may reside in the U.S. as long as they continue to meet E visa qualifications. “Essential employees” may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that U.S. workers cannot be trained to duplicate the skills, or that the owner is making reasonable efforts to train U.S. workers as replacements. The maximum length for which an E-1 or E-2 visa can be issued to a citizen of some country is 5 years. However, whether or not to issue for that length of time is solely the judgment of the U.S. consular officer deciding the case.  On initial entry, U.S. immigration officials will authorize the length of stay permitted in the U.S., with extensions generally available for as long as the E visa holder and family maintain their E visa status. Upon expiration of the visa, the trader/investor or employee may apply to renew the E visa. There is no limit on renewals, so long as the applicant continues to qualify. Q: How can I apply for my company to be recognized as a vetted company? A:  U.S. Embassy or Consulate identifies these companies independently, and does not accept requests or applications to be added to the list of vetted E visa enterprises. Q: Do I have to hire U.S. employees in order to get an E-1 visa? A: You do not have to hire U.S. employees when applying for an E-1 visa. But hiring U.S. workers is always good, even for an E-1 visa application. Q: Do I have to make an investment when applying for an E-1 visa? A: You do not have to make a substantial investment in the U.S. when applying for an E-1 visa. Investment would be required if you are applying for an E-2 visa. Q: Can a service be considered treaty trade? A: A service can be considered treaty trade for an E-1 visa purposes. If you want to qualify for an E-1 visa as a treaty trader, the provision of services must be the purpose of your business, and must be the saleable commodity which you sell to the clients. Q: Does the trade already have to exist at the time, when I am applying for an E-1 visa? A: Yes. The trade must already be in existence at the time you apply for an E-1 visa. However, the immigration regulations state that if you have evidence of successfully negotiated contracts that are binding upon the parties and call for immediate exchange of items of trade, you may still qualify for an E-1 visa. Q: What amount of trade is substantial? A: There is no set minimum volume of trade, but you will have to show that the trade is substantial and that there is a continuous flow of trade items between the U.S. and your home country. Q: I am a small business owner. Can I still qualify for an E-1 visa? A: Yes. The regulations specifically state that small businesses can also qualify for an E-1 visa, if they can demonstrate numerous transactions over a period of time, even though they are smaller in value. Q: Do I have to set up a company in the U.S. for E-1 visa application? A: You are not required to set up a business entity in the U.S. when applying for an E-1 visa, but it may be necessary to comply with the E-1 visa requirements in some situations. Q: Do I need a Business Plan for an E-1 visa?  A: No. You are not required to submit a Business Plan with your E-1 application, but it still may be a good idea to submit one in some cases. Q: Can I bring my family and can they work in the U.S.? A: Yes. Your spouse and children, unmarried and under the age of 21, can also apply for an E-1 visa. If your spouse wants to work in the U.S., he or she will have to apply for a work authorization. Q: Does an E-1 visa lead to a U.S. Green Card? A: An E-1 Visa is a non-immigrant visa, and does not lead to a U.S. Green Card. While it does not lead to a Green Card, it is often approved for a 5-year period. As long as the business is still in operation, you can renew the visa indefinitely. If you qualify for another Green Card category, such as EB2 NIW or EB-5, you can explore the best way to apply for the Green Card.  Q: How long does it take to get an E-1 visa? A: An E-1 visa is a document intensive petition. In addition to U.S. government forms, the visa requires submission of many documents. If you are applying for a change of status through USCIS, the processing time is usually couple months. If you are applying for an E-1 visa at a U.S. Consulate, the processing time can be anywhere from several weeks to couple months. Q: How much does it cost for E visa application? A: If you are applying for a change of status through USCIS inside Unites States, you will also have to pay the Form I-129 filing fee. Additional fees may apply if you have family members that will be applying for E-1 dependent visas. If you are applying for an E-1 visa at a U.S. Consulate, you will have to pay the visa fee, and nationals of certain countries will also have to pay a visa reciprocity fee. The visa reciprocity fees are charged to non-immigrant visa recipients after their visas have been approved. They cannot be paid in advance. You'll need to attend your visa interview and receive an approval on your visa application from the consular official. Q: Can I bring my family members to the U.S. as E-1 employees? A: Yes, this is possible, but they should independently qualify for an E-1 employee visa. This means that they will still need to demonstrate that they meet all the E-1 employee visa requirements, and the U.S. Consulate officer may scrutinize the E-1 employee application more if they finds out that the E-1 employee is your family member. Q: What family members can come with me to the U.S. on an E-1 visa? A: Only your spouse and unmarried child under the age of 21 can come to the U.S. on an E-1 visa. Both your spouse and child can study in the U.S., but only your spouse can work in the U.S. after the spouse gets the Work Authorization approved. Only your spouse and child can get an E-1 dependent visa Q: Do I need to hire employees to qualify for an E-1 visa? A: There is no requirement for an E-1 visa holder to hire employees. You do not have to show in your E-1 petition that the business already has U.S. workers or has future capacity to hire U.S. workers in your E-1 petition. Hiring of U.S. workers is a requirement for an E-2 investor visa, but is not a requirement for an E-1 visa. Q: What if I do have employees, will it help my E-1 visa application? A: If your business does already have U.S. employees or plans to hire U.S. employees, it is great and you should definitely mention it in the E-1 visa application. Hiring U.S. workers will always be helpful for any type of visa petition. Q: Can I change status from B-1 visa to E-1 visa? A: If you are in the U.S. already on some other type of a non-immigrant visa, you could change your current status to an E-1 status. You can generally change status from one visa category to another, as long as you have been maintaining your status, have not violated your status, and your change of status petition is receive by USCIS before your I-94 expires. Also, USCIS approval does not grant you a visa. The USCIS approval will grant you an E-1 status for 2 years, but if you leave the U.S., you will need to apply for an E-1 visa at a U.S. Consulate. Q: Do I need to invest money for an E-1 visa? A: You do not need to invest money for an E-1 visa. While a substantial investment is required for an E-2 visa, you do not need to invest money in the U.S. business for an E-1 visa. This means that as long as you meet all the E-1 visa requirements, you do not need to make any upfront investment in the U.S. before your E-1 visa is approved. This is a big advantage of an E-1 visa, and many applicants who qualify for both E-1 or E-2 visa prefer E-1 visa, as they do not need to make that significant upfront investment. For an E-2 visa, you should generally invest around $100,000. Q: Do I have to have an office space in the U.S. for an E visa application? A: You do not have to prove that you have an office space when you are applying for an E-1 visa, but you would have to have an office space if you were applying for an E-2 visa.  In many situations, it is practicable to get an office space or warehouse space, if you are importing goods from a treaty country to the United States, and it may look better on the E visa application if you have a real office space. Q: What is the minimum investment for the E-2 Treaty Investor Visa? A: No one really knows how much is a sufficient investment to register a business under the E-2 investor visa. It is up to the discretion of the E-2 Treaty Unit at the U.S. Embassy or Consulate or the USCIS if filing in the U.S. But generally, you should invest about US $100,000. However, there are many cases for IT related businesses and consultancy businesses where investments of tens of thousands of dollars may be sufficient. It is up to the discretion of the U.S. visa officer. It certainly helps if the investment is larger. It may also help if the business is already trading in the U.S. Q: When does the E-2 visa investment need to be made? A: You may need to make an investment and put “money at risk” before you are granted registration as an E-2 Treaty Investor. Just putting money into a U.S. bank account is unlikely to be sufficient to be able to register as an E-2 business.  Alternatively, you may be able to put money into a special escrow account only to be transferred if the E-2 visa is granted. Escrow account arrangements are more likely to be relevant if you are buying an existing business instead of starting a new business. In such a situation, the seller of the business could agree for money to be held in an escrow account. Q: What nationalities can apply under the E-2 visa scheme? A: Only nationals on the E-2 Treaty Countries list can apply unless gaining entry as dependents. Nationals of many countries around the world come under the E-2 visa Country list. Most european countries come under the list and so do many other countries, including Japan, Canada, Mexico, Pakistan and Bangladesh.  Countries that are noticeably absent from the list include India, China and Russia. Nationals of Taiwan can apply E visa.  Perhaps it is not surprising that India and China are not on the list. Q: What is the processing times for an E-2 visa? A: This can vary enormously depending on where you apply and the type of application. If the business is already registered as an E-2 Treaty Investor business this should make it quicker and easier. The processing times at U.S. Embassies and Consulates to register an E-2 visa business varies greatly around the world.  Some may be able to complete applications in a few weeks. Others could take a number of months. If you are able to apply from within the U.S., applications can apply directly to the USCIS, which can be fast using premium processing.  Q: Can I get E visa as a self-employed professional? A: No. The principal applicant should be going to the United States to "develop and direct" the trade or investment, not to be a factor of production or trade in their own right. Thus, the self-employed accountants, IT consultants, doctors, or lawyers cannot obtain E visa to enable themselves to practice their profession in the United States. Q: How long can I stay in the U.S. with an E visa? A: You can stay in the U.S. with an E visa indefinitely, if the level of international trade or the value of you investment in the U.S. remains sufficient to justify your stay in United States. The E visa is initially valid for between two and five years, but it can be renewed many times. Q: Why is not my country eligible for E visa?    A: The treaties to eligibility for E visa are generally on a reciprocal basis, in that they will also entitle U.S. person and companies to obtain similar immigration rights in the other treaty country. Nations with restrictive inward investment policies or currency controls are unlikely to have such a treaty with the United States. Further, most recent treaties entered into by the United States with the former Communist countries tend to be "Bilateral Investment Treaties", conferring only E-2 eligibility on nationals of the contracting state. Also, the existing treaties may be suspended, if the United States' relationship with the treaty country deteriorates significantly, or if the country is subject to international sanctions. Q: What is the minimum amount of trade or investment needed to qualify E visa? A: There is no set minimum level, though obviously the lower the amount of trade or investment, the less likely it is that the application will be approved. The amount necessary will also depend on the type of business or trade engaged in. Q: What are the alternatives if I do not qualify for E visa? A: The L-1 intra-company transfer visa is the most obvious choice, though the H-1B speciality occupation visa is also a possibility. In addition, the EB-5 Immigrant Investor is an option which eventually leads to U.S. permanent residency. However, EB-5 visa is difficult and time-consuming to obtain. Q: Who can apply for E-2 investor visa? A: The E-2 investor visa is reserved for nationals of treaty countries, those countries that maintain a treaty of commerce and navigation with the United States.  In addition, the families of the principal investor can obtain derivative E-2 visas. The visa can also be extended to the employees of the actual investor if the employees meet certain requirements. Q: I was born in a non-E-2 treaty visa country, but am now a citizen of a treaty country. Can I apply for E-2 visa? A: Yes, as long as you are a citizen of a treaty country and are able to obtain a passport you can certainly apply for an E-2 visa.  Q: What are the benefits of the E-2 investor visa? A: The benefits of the E-2 investor visa include: The ability to work legally in the U.S. for your own company that is the subject of the investment; The ability to travel freely in and out of the U.S. while on a valid E-2 visa; Access to unlimited extensions as long as you maintain valid E-2 investment; The ability to bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S; Your spouse may seek employment with any employer by applying for an employment authorization document; Your minor children can attend public schools in the US tuition-free. Unlike the H-1B visa, the E-2 visa does not require any specific educational background, just that you have invested in an enterprise and will be managing and controlling the enterprise; Approvals of E-2 visas tend to be fast as compared to other visas and are not subject to annual cap limits or quotas.  Q: What are the standards or factors the US government considers in adjudicating E-2 visa application? A: The standards the US government considers for the E-2 visa (covered in greater detail in the rest of this FAQ) include the requirements that: Your investment must be “substantial”; Your investment must be in a real and operating business and not a “paper company” or idle speculation; Your investment may not be “marginal”; You must have control of the funds used to purchase/operate the business and you must bear the risk of the investment. Q: What does “not marginal” mean in an E-2 visa application? A: The stipulation that the enterprise may not be marginal means that your invested enterprise must have the capacity, present or in the future, to generate more than enough income to provide a minimal living for the E-2 visa investor and his or her family. The projected future capacity should generally be able to be reached within five years.  In other words, if your investment can only make enough of money to support you and your families’ living, it would be deemed as marginal. Marginality can be documented through a strong and thorough Business Plan that documents the growth of the business, as well as the need and ability to hire additional U.S. workers.  What kind of investment would qualify as a “Substantial Investment”?There is no set amount or threshold under the E-2 regulations for what qualifies as a “substantial investment”. However, the investment must be sufficient to ensure the successful operation of the E-2 visa enterprise. The investment must also be proportional to the total value of the particular enterprise in question and the investment must be an amount normally considered necessary to establish a viable enterprise of the type contemplated. Therefore, the location of the business and the nature of the investment would all be considered in deciding substantiality of E-2 visa investment. Q: How much do I have to invest to qualify for E-2 visa? As above, there is no set amount. However, an amount in the $100,000 range typically would suffice, depending on the nature of your business. In some exceptions, lower amount of investment may be accepted as substantial investment.  For example, requirement for investment in a service-oriented business would be lower than manufacturing business. The lowest amount of investment among our approved cases is $20,000.00. That, certainly, is an exception, rather than a norm.  Q: Do I need to incorporate a company to apply for the E-2 investor visa, or can I do business under my own name and apply for E-2 visa? A: You do not necessarily need to incorporate a company for E-2 investment although we strongly recommend you to do so. Sole proprietorship will expose the owner to unlimited personal liability and it is a high risk the investor shall avoid. Do I need to form a brand new business to apply for E-2 investor visa, or can I buy or buy into an existing business to apply for the E-2 visa?You can choose either option, bearing in mind that if you have partners you will need to have ownership of at least 50% of the business. Q: Can I borrow money to invest in my E-2 business and then apply for the E-2 investor visa? A: Certainly, loans from friends, home equity loans, and gifts from relatives are all legitimate sources for investment funds for E-2 visa application as long as you show that the money you invested is “at risk” of investment loss.  Nevertheless, if you borrow money for E-2 investment, you must show that you secured the loan with assets you already own. Otherwise, the money is just from another person and it is not your own money put “at risk”. Q: Do I need to have employees to apply for a new E-2 visa? A: This falls under the marginality requirement of operating an enterprise not solely for the purpose of making a living for yourself and your family. By hiring local employees, your enterprise shows that it has an impact on the local economy and is not a “marginal enterprise”.  Having employees already will help the application for a new E-2 visa. However, many new E-2 companies may not have employees yet at the time of application. In that scenario, the Business Plan will have to set forth in detail the number of employees needed and time table for employee hiring. Q: If I buy an existing business, do I have to close or complete the purchase transaction before I can apply for the E-2 visa? A: Not necessarily. You can enter into a Purchase Agreement that states that the actual closing of the sale will be contingent upon approval of your E-2 Treaty Investor’s visa while the purchase amount is put into an escrow account. This helps to show that the investment funds are being put at risk and actively invested.  What would happen if I purchase a business, but the E-2 visa application is denied?You would still own the business and be allowed to enter in B visa (visitor visa) or visa waiver program if you meet all the requirements. However, you would not be allowed to be actively involved in management or operation of your business. Q: Can I invest in a franchise business for the E-2 visa application? A: Yes, the same stipulations apply to purchasing a franchise business as any other, whether it be a new operation or an existing enterprise. As a matter of fact, franchise business tends to be more acceptable for E-2 visa application since franchises typically have their own minimum standard, which tend to exceed the requirement for E-2 business. Q: Can I operate my E-2 business at home? A: No. As a real and active enterprise you must either own a commercial business premises or have a commercial lease for an actual business premises. Q: Do I need to be the 100% owner of the E-2 business?  A: Can I have partners or shareholders in my E-2 business?As mentioned above, you do not need to be the 100% owner of the business.  You will be qualified as an E-2 investor as long as you own at least 50% of the enterprise and will be the controlling and managing party. Q: Do I need to have business experience to qualify for E-2 visa? A: In order to secure your E-2 visa it is always helpful to have relevant business experience. However if you have a good business plan clearly outlining your ideas from all business perspectives like operations, marketing, and finances showing your precise planning and preparation, you can overcome the deficit of lack of experience. Q: Can I come to the U.S. with VWP (Visa Waiver Program) and apply to change to E-2 visa or status in the US? A: No, any person who enters the U.S. under the VWP is ineligible to request extensions or to change their status. The VWP is solely used for tourism and business. You can apply for E-2, but the application will have to be filed to the consulate directly.  Q: Do I need to own assets to qualify for E-2 visa? A: Ownership of assets will help to show that you have the required funds for an E-2 visa. Loans secured using your personal assets are also a legitimate source of funds. Q: Do I need to show the source of my funds for an E-2 visa investment?  A: Yes, you will need to be able to document every source from which the funds came. The total amount used to fund the enterprise will need to be documented through bank statements, loan documents, employment records, etc. Q: I do not have sufficient funds, but my parents are willing to help me out. Can I still apply for an E-2 visa? A: Yes, gifts of funds from relatives are a legitimate source. However, the gifting will need to be well-documented and the source of your relative’s fund has also to be shown.  Q: Can my spouse work for our E-2 business if I am the E-2 visa investor? A: Yes, spouse of an E-2 visa holder is authorized to separately apply for and receive an Employment Authorization Document (EAD). The spouse is eligible to work for the E-2 business, or a job with any other company if he/she finds one. Other dependents however are not eligible to work. Q: I am an E-2 Treaty Country citizen, but my spouse is not. Can my spouse also apply for E-2 visa? A: The spouse and children do not need to have the same citizenship as the principal applicant. Dependents of E-visa holders are allowed to have the derivative E-2 visas to accompany the principal applicant to the United States. Q: Do I have to come to the US to apply for E-2 visa? A: No, if you are a national of a treaty country and residing outside of the US, or if you are in the US but do not wish to apply for change of status in the US, you may apply for your visa through an embassy or consulate. Q: Can I apply for change of status in the U.S. for E-2 visa? A: Yes, you may apply to change your status in the US as long as you have maintained your status and meet the other requirements. Q: If I apply for change of status in the U.S. and I have to leave the U.S. later, would I be allowed to come back? A: You will have to go through the consulate/embassy visa application process before re-entry. The reason for this is that your changed status grants you the status while you are in the United States, but traveling out of the country and re-entering requires a visa, which can only be obtained through the State Department/Consulates. Q: If I buy an apartment and rent it out, would I be qualified for E-2 visa? A: No, that would be rejected as a marginal enterprise and a passive investment unless the scale of the investment involves hiring of employees and active management of the investor. Q: Do I need to invest in any specific type of business to be qualified for E-2 investor visa? A: No, there is no restriction in the type of investment for E-2 visa purpose as long as the investment is deemed substantial and the investor will be overseeing and managing operations. Q: Do I need to get the USCIS approval before I go to the US consulate for E-2 investor visa interview? A: No, USCIS and U.S. consulates are overseen by two different government entities. The Department of Homeland Security oversees USCIS and the State Department oversees the consulates. The two agencies may interact on your re-entry, but for the initial E-2 application it will only be handled by one or the other based on your decision to change your status or to go through consulate application for visa issuance. Q: What are the differences between applying for an E-2 visa in the U.S., and applying at a U.S. consulate? A: The main difference between changing your status and applying at a consulate will be the interview conducted at the consulate and the fees that will need to be paid. The required documents and the stipulations are generally the same. Consulate processing is quicker, but can be more expensive because it may involve airfare in addition to administrative costs. Changin your status is more convenient if you are in the US, but takes much longer for approval if you do not opt for Premium Processing application for your case. Q: What is the procedure of applying E-2 visa in the U.S. consulate? A: Every U.S. Consulate and Embassy has a different way for handling their Non-Immigrant Visa (NIV) applications. However, they generally consist of applying for an interview, paying administrative fees, getting fingerprints taken, having an interview with a consulate officer, and adjudication of your case, which can take varying lengths of time depending on the amount of review needed.  Some consulates ask the petitioners to send their application packets and supporting documents before your interview for “pre-screening”, other consulates request you bring the documents on the day of your interview. Q: Does my family need to apply for their derivative E-2 visas at the same time with me? A: No, they will be able to apply even after you receive your approval. You may have the interviews at the same time, but if they wish to follow you afterwards, separate interviews can be held. Q: What happens to my minor children once they turn 21? A: They will be unable to stay under your E-2 status, but will be able to change status on their own. E-2 children typically change status to F-1 in order to attend college. Q: Can I apply for U.S. Green Card with my own E-2 invested business? A: No, you cannot sponsor yourself for a Green Card application using your own business. However, you may be able to apply for green card through other route.  For example, if your business is successful enough or you have sufficient fund, you can apply to have your status adjusted to permanent residence through EB-5, otherwise know as Immigrant Investor status. EB-5 stipulates that the enterprise must create at least 10 jobs for U.S. workers and have an investment of $500,000 or $1,000,000 depending on the area where the business will be invested in. Q: Can I apply for U.S. Green Card when I am in E-2 visa? A: If the EB-5 category is a little daunting to you, you can apply for a green card in different ways, just not using your own business to do so. Other channels for obtaining a green card include family based petitions and employment based petitions. Q: Can my E-2 company apply for H-1 or U.S. Green Card for my employees? A: Yes. As long as your business has the need and meets with the requirement for such applications, your E-2 company can sponsor and apply H-1 and employment-based green card for your qualified employees. Q: Do I need to have a business plan to apply for E-2 visa? A: Yes, a well-prepared business plan is crucial to any successful E-2 application. The interviewer or reviewer will be able to glean the likely success of your enterprise using the information found in your business plan. Q: What is the processing time if I apply for E-2 in the U.S.? A: The normal processing time for an E-2 application through USCIS is around 3 - 4 months. However, if you are in need of quicker processing USCIS offers a Premium Processing service. For a filing fee, your case will have a guarantee to be processed within 15 days of receipt. Q: What is the processing time if I apply for E-2 visa in the U.S. consulate? A: The processing times and procedures vary greatly between different U.S. Embassies and Consulates around the world. The amount of time can vary from as little as a week to as much as several months, depending on the additional review required. Since every U.S. Embassy and Consulate is different, there is “country specific” information that must be ascertained in advance as a planning guide. Q: How long can I stay in the US with E-2 visa? A: Initially, a two year visa is granted to persons coming to the United States in the E visa. However, this period can be extended indefinitely as long as the underlying investment is in existence and the E-2 enterprise remains operational. Q: Is there any restriction to the times I can apply for E-2 visa extension? A: No, you may extend your E-2 visa as many times as you wish. You must bear in mind that each time you apply to extend, your case is reviewed and adjudicated anew. Therefore, it is very important that you maintain your status and make sure your business has remained operational and meets all the E-2 requirements. Q: What are the requirements for an E-2 visa extension? A: You must be able to show that you have maintained the terms and conditions of your E-2 status; and that you have been physically present in the United States at the time of filing the application for extension of stay. Q: What if I become a Green card holder, can I keep the E-1 employees in the U.S.? A: After you become a U.S. Green Card holder, your ownership in the entity would no longer be considered as ownership of the E-1 visa treaty country national, and the employees would no longer qualify for an E-1 visa through your ownership in the company. Q: I am in the U.S. on E-1 visa and I married a U.S. citizen. Can my E-1 employees stay in the U.S. if I become a green card holder? A: E-1 is a non-immigrant visa, meaning that you cannot plan to remain in the U.S. permanently. When applying for an E-1 visa, you will have to demonstrate that you are only planning to come to the U.S. for a specific period of time. One advantage of the E-1 visa is that you can bring employees from your home treaty country to the U.S. on an E-1 employee visa. Once you become a U.S. Green Card holder, you would no longer hold an E-1 non-immigrant status. Therefore, the E-1 employees could no longer qualify for the E-1 employee visa. Q: What kind of employees can come to the U.S. on an E-1 employee visa? A: One advantage of the E-1 visa is that you can bring employees from your home treaty country to the U.S. on an E-1 employee visa. There are 2 categories of employees that can come to the U.S. on an E-1 employee visa: 1) supervisor, manager, or executive, 2) specialized/essential employee. As an example, if you are from the UK, you own a 100% in the E-1 company, and you are in the U.S. on an E-1 treaty trader visa. You brought several employees from the UK to the U.S. and the employees are here on an E-1 employee visas. After you got married to a U.S. citizen and you could apply for a U.S. Green Card. The question then arises if you can keep your E-1 employees once you become a U.S. Green Card holder? The short answer is no. Once you become a U.S. Green Card holder, you would no longer hold an E-1 non-immigrant status. Therefore, the E-1 employees could no longer qualify for the E-1 employee visa. Q: As a U.S. Green Card holder, how can I keep my E-1 employees? A: As  a Green Card holder, if you want to keep the E-1 employees, here are 2 options: 1) Stay in the U.S. on an E-1 treaty trader visa: If you married a U.S. citizen, getting a U.S. Green card is not mandatory. You can stay in the U.S. on the E-1 treaty trader visa, then one issue that could come up when renewing your E-1 visa or entering the U.S. could be that the U.S. immigration officer questions your E visa non-immigrant intent since you married a U.S. citizen. 2) Bring your employees to the U.S. on a different visa: You can bring the employees to the U.S. on a different visa, such as  H-1B visa, E-3 visa, O-1 visa, TN visa, or L-1 visa. Q: What happens if the company loses the requisite 50% ownership as a result of changes in the corporate structure or dilution event? A: For E-1 and E-2 enterprises that have brought in employees on E-1 or E-2 employee visas, it is important to identify any possibility of the ownership share of treaty country nationals falling below 50% by major investment events, such as venture capital funding, which may result in stock being issued and potentially diluting the ownership share. In such a case, if the ownership share of treaty nationals fall below 50%, the enterprise will lose its treaty nationality for the purposes of its ability to bring in or maintain employees on E-1 or E-2 visas. This means the E-1 or E-2 employees will no longer have valid status. To avoid this consequence, in advance of such major changes in ownership taking place, the business may choose to transfer back these employees, or consider changing the employees’ status to another category, such as the L-1 visa, which could be an option where there is a foreign affiliate entity involved that is also doing business. Q: If I acquired one country's citizenship through investment, can I apply for E visa? A: Some people may obtain a citizenship through investment. For example, Grenada allows you to acquire citizenship if you investment certain amount of money. Based on the current E visa regulation, if you acquired citizenship through investment, you need to have been domiciled in that country for a continuous period of at least 3 years before you apply for an E visa. For example, you were born in China and you acquired a citizenship of Grenada through investment 2 years ago. You now want to apply for an E-2 visa, but you are still living in China, and you only spend a couple weeks per year in Grenada. If you want to use your Grenada citizenship to apply for an E-2 visa, you would need to reside in Grenada for at least 3 continuous years, and only after this period of time, you would be able to apply for the E-2 visa. Q: Can my family also get an E-1 visa? Can my spouse work in the U.S.? A: The E-1 visa holder's spouse and children, unmarried and under the age of 21, can also apply for an E-1 visa. If your spouse wants to work in the U.S., he or she has to apply for a Work Authorization. Your spouse or children do not have to have the same nationality as you to apply for an E-1 visa. Q: I want to come to the U.S. on E-1 visa. Does my spouse need a work authorization? A: If you are in the U.S. on an E-1 visa and your spouse wants to work in the U.S., your spouse will have to apply for and get an Employment Authorization Document (EAD) before starting working. The U.S. regulations expressly state that a spouse of an E-1 visa holder must apply and get a work authorization before a spouse can start working in the U.S. The Board of Immigration Appeals once issued an unpublished decision that spouses of E-2 visa holders spouses can work without having to apply for a work authorization. But USCIS’s position is that the spouses of E visa holders do require a work authorization. Therefore, it is advised that spouses of E visa hiolder should apply for a work authorization, and do not work until they receive a work authorization approval. Q: What family members can come with me to the U.S. on an E-1 visa? A: Only your spouse and unmarried child under the age of 21 can come to the U.S. on an E-1 visa. Both your spouse and child can study in the U.S., but only your spouse can work in the U.S. after the spouse gets the Work Authorization approved. Only your spouse and child can get an E-1 dependent visa Q: Can I bring my family members to the U.S. as E-1 employees? A: Yes, this is possible, but they should independently qualify for an E-1 employee visa. This means that they will still need to demonstrate that they meet all the E-1 employee visa requirements, and the Consulate officer may scrutinize the E-1 employee application more if he finds out that the E-1 employee is your family member. Q: My son’s E status is expiring, what are his visa options? A: If you are in the U.S. on an E-1 or E-2 visa, your spouse and unmarried children under the age of 21 can also come with you and stay here on an E-1 or E-2 status. You child can only stay in the U.S. until the age of 21, or until he/she marries. Generally, your Form I-94 governs your stay in the United States, which means that you can stay in the United States until your I-94 form expires. However, sometimes Customs and Border Protection (CBP) automatically issues the I-94 form for your child that lasts 2 year, even if the expiration is after your child’s 21st birthday. This is CBP's mistake, and your child cannot stay in the U.S. after they turn 21. If a child is overstaying in U.S., it violats his or her status, which could potentially be subject to a 3 or 10 year bar of coming to the U.S., depending on how long after the I-94 expiration he will stay. Due to these severe consequences, it is important to keep in mind that your child needs to leave the U.S., or change to a different status before turning 21 years old. Q: What are my child’s visa options after he turns 21 years old? a) F-1 student visa: This is a very common visa for children who were originally in United States. The F-1 student visa allows your child to study in the U.S. at a university or college. The advantage of this visa is that after your child finishes college, he or she could apply for an Optional Practical Training (OPT), and that would allow the child to work in the U.S. after finishing the college. Also, after finishing studies, many students can find an U.S. employer that will sponsor them for an H-1B visa. b) TN visa: TN visa is only available for Canadian and Mexican nationals. For most TN categories, you need to have a degree, so this would usually only be an option after your child finishes college in the U.S or in other countries. c) H-1B visa: For an H-1B visa, you have to have at least a Bachelor’s degree, so this would be an option after your child finishes college. d) E-2 investor visa: An often asked question is whether an E visa holder's child could start his or her own E-2 business? and whether there is any minimum age requirement for an E-2 visa? The answer is that there is no minimum age for an E-2 visa, and anyone can apply for an E2 visa. It is good if the E-2 visa applicant has some experience, either managing a company or experience in the E-2 business, but it  is not required. The U.S. Consular officer may question whether the visa applicant is able to manage and run the E2 company, thus the good preparation for an E-2 visa interview will be extremely important for a young applicant. e) E-2 employee visa: Additionally, another often asked question is whether an E visa holder could sponsor their child as an E-2 employee. There are 2 types of E-2 employee visas: managerial or executive employee, and specialized skills employee. For either of the E-2 employee, it would be very hard for your child to qualify the visa, if he or she is young and has no education or experience. But, if your child does have relevant education or experience, then they could apply for an E employee visa. f) E-3 visa: E-3 visa would only be an option for Australian nationals. Additionally, your child would have to have at least a Bachelor’s degree, and a job in the United States would have to be in the same field as the education. g) E-1 visa: E-1 visa  would be an option if your child wants to start his or her own business, and there would be an international trade between the U.S. and the home country. Basically, the business would have to either be selling products or services, and at least 50% of the international trade would have to be between the U.S. and your child’s home country. Q: What if the trade has been decreasing since I was granted the E-1 visa? Do I have a chance to have the E-1 visa renewed? A: It will depend. If there is a reason why the trade decreased, such economic situation due to the a virus outbreak or personal reasons, you should definitely explain it in the Cover Letter of your E-1 renewal application. As an example, when you originally applied for the E-1 visa, the trade was 1 million USD. Thereafter, the trade has been decreasing every year, but the trade was still over $500,000 each year, you traded with 40 different vendors per year, and there were over 100 different transactions each year. In this case, you would most likely still meet the substantiality requirement and you could still get your E-1 visa renewed. Q: I am now in U.S. with E-1 visa. Can my family members also get an E-1 visa? Can my spouse work in the U.S. also? A: The E-1 and E-2 visa holder's spouse and children, unmarried and under the age of 21, can also apply for an E-1 or E-2 dependent visa. If your spouse wants to work in the U.S., he or she has to apply for a Work Authorization. Your spouse or children do not have to have the same nationality as you to apply for an E visa. If you are in the U.S. on an E-1 or E-2 visa and your spouse wants to work in the U.S., your spouse will have to apply for and get an Employment Authorization Document (EAD) before starting working. The U.S. regulations expressly state that a spouse of an E-1 visa holder should apply and get a work authorization before a spouse can start working in the U.S. The Board of Immigration Appeals once issued an unpublished decision that spouses of E visa holders spouses can work without having to apply for a work authorization. But USCIS’s position is that the spouses of E visa holders do require a work authorization. Therefore, it is advised that spouses of E visa hiolder should apply for a work authorization, and do not work until they receive a work authorization approval. Q: We are consider to open a new office in U.S. What is the minimum amount of trade or investment needed to qualify E-2 visa? and what is the processing times for an E-2 visa and the alternatives if I do not qualify for E-2 visa? A: For E-2 visa application, there is no set minimum investment level, though obviously the lower the amount of trade or investment, the less likely it is that the E visa application will be approved. The amount necessary will also depend on the type of business or trade engaged in. The E-2 visa processing time can vary enormously depending on where you apply and the type of application. If the business is already registered as an E-2 Treaty Investor business this should make it quicker and easier. The processing times at U.S. Embassies and Consulates to register an E-2 visa business varies greatly around the world. Some applications may be able to complete applications in a few weeks. Others could take a number of months. If you are able to apply from within the U.S., applications can apply directly to the USCIS, which can be fast using premium processing. If you do not qualify for E visa, the L-1 intra-company transfer visa is the most obvious choice, though the H-1B speciality occupation visa is also a possibility. In addition, the EB-5 Immigrant Investor is an option which eventually leads to U.S. permanent residency. However, EB-5 visa is difficult and time-consuming to obtain. Q: Why some nationalities can apply under the E visa, and why my country is not eligible for E visa? A: The treaties to eligibility for E visa are generally on a reciprocal basis, thus they will also entitle U.S. person and companies to obtain similar immigration rights in the other treaty country. Nations with restrictive investment policies or currency controls are unlikely to have such a treaty with the United States. Most recent treaties entered into by the United States with the former Communist countries tend to be "Bilateral Investment Treaties", conferring only E-2 eligibility on nationals of the contracting state. Also, the existing treaties may be suspended, if the United States' relationship with the treaty country deteriorates significantly, or if the country is subject to international sanctions. Only nationals on the Treaty Countries list can apply for E visa. Nationals of many countries in the world come under the E visa country list. Most european countries come under the list and so do many other countries, including Japan, Canada, Mexico, Pakistan and Bangladesh. Countries that are noticeably absent from the list include India, China and Russia. Nationals of Taiwan can apply E visa.  Perhaps it is not surprising that India and China are not on the list. Q: We will apply for E-2 Treaty Investor visa for our company's Trade Director. Do we have to have an office space in the U.S. for an E-2 visa application? and what is the minimum investment for the E-2 Treaty Investor visa? A: You do not have to prove that you have an office space in U.S. when you are applying for an E-1 visa, but you would have to have an office space in U.S. if you were applying for an E-2 visa.  In many situations, it is practicable to get an office space or warehouse space, if you are importing goods from a treaty country to the United States, and it may look better on the E-1 or E-2 visa application if you have a real office space. For the minimum investment for the E-2 Treaty Investor visa, No one really knows how much is a sufficient investment to register a business under the E-2 investor visa. It is up to the discretion of the E-2 Treaty Unit at the U.S. Embassy or Consulate or the USCIS if filing in the U.S. But generally, you should invest about US $100,000. However, there are many cases for IT related businesses and consultancy businesses where investments of tens of thousands of dollars may be sufficient. It is up to the discretion of the U.S. visa officer. It certainly helps if the investment is larger. It may also help if the business is already trading in the U.S. You may need to make an investment and put “money at risk” before you are granted registration as an E-2 Treaty Investor. Just putting money into a U.S. bank account is unlikely to be sufficient to be able to register as an E-2 business.  Alternatively, you may be able to put money into a special escrow account only to be transferred if the E-2 visa is granted. Escrow account arrangements are more likely to be relevant if you are buying an existing business instead of starting a new business. In such a situation, the seller of the business could agree for money to be held in an escrow account. Q: I am now in U.S. with B-1 visa for my company's trade business. Can I change my status now from B-1 visa to E-1 visa? Also, Do we need to invest money for an E-1 visa application? A: If you are in the U.S. already on some other type of a non-immigrant visa, you could change your current status to an E-1 status. You can generally change status from one visa category to another, as long as you have been maintaining your status, have not violated your status, and your change of status petition is receive by USCIS before your I-94 expires. Also, USCIS approval does not grant you a visa. The USCIS approval will grant you an E-1 status for 2 years, but if you leave the U.S., you will need to apply for an E-1 visa at a U.S. Consulate. Also, you do not need to invest money for an E-1 visa. While a substantial investment is required for an E-2 visa, you do not need to invest money in the U.S. business for an E-1 visa. This means that as long as you meet all the E-1 visa requirements, you do not need to make any upfront investment in the U.S. before your E-1 visa is approved. This is a big advantage of an E-1 visa, and many applicants who qualify for both E-1 or E-2 visa prefer E-1 visa, as they do not need to make that significant upfront investment. For an E-2 visa, you should generally invest around $100,000. Q: My E-1 visa application is in the process now. Can I bring my family and can they work in the U.S.? Also, does an E-1 visa lead to a U.S. Green Card? A: As a E-1 visa holder, your spouse and children, unmarried and under the age of 21, can also apply for an E-1 visa. If your spouse wants to work in the U.S., he or she will have to apply for a work authorization. An E-1 Visa is a non-immigrant visa, and does not lead to a U.S. Green Card. While it does not lead to a Green Card, the E visa is often approved for a 5-year period. As long as the business is still in operation, you can renew the visa indefinitely. If you qualify for another U.S. Green Card category, such as EB2 NIW (U.S. National Interest Waiver) or EB-5, you can explore the best way to apply for the U.S. Green Card. Q: We are interesting to buy a small U.S. company to start to do business in the United States. How long does it take to get an E-2 visa? and how much does it cost for E-2 visa application? A: An E-2 visa application is a document intensive petition. In addition to U.S. government forms, the visa requires submission of many supporting documents. If you are applying E-2 visa for a change of status through USCIS, the processing time is usually couple months. If you are applying for a change of status through USCIS inside Unites States, you will also have to pay the Form I-129 filing fee. Additional fees may apply if you have family members that will be applying for E-2 dependent visas. If you are applying for an E-2 visa at a U.S. Consulate, the processing time can be anywhere from several weeks to couple months. You will have to pay the visa fee, and nationals of certain countries will also have to pay a visa reciprocity fee. The visa reciprocity fees are charged to non-immigrant visa recipients after their visas have been approved. They cannot be paid in advance. You will need to attend your visa interview and receive an approval on your visa application from the U.S. consular official. Q: We are a small company beginning doing hardware trade business with United States. Can we qualify for an E-1 visa application? Do we need a Business Plan for an E-1 visa appication? and what amount of trade is substantial? A: The E visa regulations specifically state that small businesses can also qualify for an E-1 visa, if they can demonstrate numerous transactions over a period of time, even though they are smaller in value. You are not required to set up a business entity in the U.S. when applying for an E-1 visa, but it may be necessary to comply with the E-1 visa requirements in some situations. You are not required to submit a Business Plan with your E-1 application, but it still may be a good idea to submit one in some cases. There is no set minimum volume of trade, but you will have to show that the trade is substantial, and there is a continuous flow of trade items between the U.S. and your home country. Q: My compnay will apply for E-1 visa for me to work on providing services in health industry. Do we have to hire U.S. employees in order to get an E-1 visa? Also, does the trade already have to exist at the time, when I am applying for an E-1 visa? A: You do not have to hire U.S. employees when applying for an E-1 visa. But hiring U.S. workers is always good, even for an E-1 visa application. Also, you do not have to make a substantial investment in the U.S. when applying for an E-1 visa. Investment would be required if you are applying for an E-2 visa. A service can be considered treaty trade for an E-1 visa application purposes. If you want to qualify for an E-1 visa as a treaty trader, the provision of services must be the purpose of your business, and must be the saleable commodity which you sell to the clients. The trade should already be in existence at the time you apply for an E-1 visa. However, the immigration regulations state that if you have evidence of successfully negotiated contracts that are binding upon the parties and call for immediate exchange of items of trade, you may still qualify for an E-1 visa. Q: We want to open a E business comany in U.S., how long may the E-1 Treaty Trader or E-2 Investor stay in the United States? A: The E-1 and E-2 visa applicant must have the intention of departing the U.S. upon conclusion of the commercial activities. But holders of E visas may reside in the U.S. as long as they continue to meet E-1 visa or E-2 visa qualifications. The E visa “essential employees” may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that U.S. workers cannot be trained to duplicate the skills, or that the owner is making reasonable efforts to train U.S. workers as replacements. The maximum length for which an E-1 or E-2 visa can be issued to a citizen of some country is 5 years. However, whether or not to issue for that length of time is solely the judgment of the U.S. consular officer deciding the case. On initial entry, U.S. immigration officials will authorize the length of stay permitted in the U.S., with extensions generally available for as long as the E visa holder and family maintain their E visa status. Upon expiration of the E visa, the E-1 trader or E-2 investor or employee may apply to renew the E visa. There is no limit on renewals, so long as the applicant continues to qualify. Q: We want to apply for E-1 and E-2 visa for some empoyees to work in U.S. for our new company in the United States. How to meet the requirements of principal trade, substantial trade, and substantial investment for E-1 visa and E-2 visa application? A: When over 50 per cent of the volume of the treaty trader's international trade is conducted between the U.S. and the country of nationality, it is termed as "principal trade". The "substantial trade" is that volume sufficient to ensure continuous flow of international trade between the U.S. and treaty country, and it should be numerous transactions over time. There is no value or volume minimum. However, smaller businesses are expected to yield income sufficient to support the treaty trader and his or her family. Substantial trade contemplates a continuous flow of trade items between the U.S. and the treaty country. This means numerous transactions rather than a single transaction regardless of monetary value. There is no fixed amount which is considered “substantial investment.”  A substantial amount of capital constitutes that amount which is ample to ensure the investor’s financial commitment to the successful operation of the enterprise as measured by the proportionality test. The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise. The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees. Q: I have a few questions about the E-2 visa: Are there restrictions on my ability to travel while on E-2 visa? Am I allowed to study on an E-2 visa?  What is the processing time? and when is the best time to apply for the extension?  A: One of the fortunate things about the E-2 visa are that there are no any travel restrictions imposed, such as the number of times you are permitted to leave and re-enter the Unityed States. The U.S. Consulate or USCIS also does not specify the amount of time you can stay abroad before having to return to U.S. Also, you are permitted to study on an E-2 visa but cannot join a full-length program like those on F1. As long as it does not harm the primary interest of your E-2 visa. For E-2 visa processing time, Normally, it ranges from two to four months from the filing of the application. Be aware that this can vary depending on the workload in the U.S. Consulate or USCIS. For E-2 visa in U.S. It is ideal to file the E-2 visa extension before the I-94 expires. If you file the extension before your I-94 expires, you can still work while pending the decision. Q:  For E-2 visa application, how to qualify for the E-2 visa, amd do I have to submit a Business Plan? A: It is not an official E-2 visa requirement to have a Business Plan. However, it is highly recommended that you submit a comprehensive Business Plan along with your E-2 visa application evidence. This is because the U.S. Consulate or USCIS wants to see that your enterprise will create jobs, and stimulate the economy in the United States. To prove this, you need to make it clear that you have experience starting a business or that your enterprise has a high likelihood of success. Submitting a Business Plan is the best way to accomplish this. For E-2 visa application, there are 3 major requirements need to be met: The alien must be a national of a treaty country; The alien must have invested, or be investing, a substantial amount of capital in an enterprise in the U.S.; The alien must be seeking a U.S. visa solely to develop and direct this investment enterprise. This can be proven by providing evidence that the alien owns at least 50% of the enterprise, or that invester possesses operational control of the enterprise through a managerial position. In order for an employee of an investor to apply for this visa, the the following are the E-2 visa requirements that must be met: • The employee must be a citizen of the same treaty country that the principle E-2 investor maintains the citizenship; • You must be able to prove that your employee is necessary for the fulfillment of your endeavor. This is easily proven if he or she is a manager or executive, but can also be proven if he or she has specialized knowledge that makes them instrumental to the operation or development of your enterprise. Q: As an E visa holder, can I bring my spouse and children to United States also? Can my dependents work or study in U.S.? A: E-1 and E-2 visas are available to citizens of foreign countries that have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries with the United States.  The E-1 Treaty Trader visa is specifically designed for alien business owners, business managers, and employees who are required to stay in the U.S. for prolonged periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and a foreign country.  The E-2 Treaty Investors visa is available to an alien who is a citizen or national of a treaty country, and who wishes to enter the U.S. solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital. As an E visa holder, you can bring your spouse and unmarried children under the age of 21 years to stay along with you in U.S. They may stay in the U.S. as long as you maintain your E-1 or E-2 status. Your spouse may seek employment by applying for Employment Authorization (EAD) using Form I-765, Application for Employment Authorization. Your dependents can study in U.S. schools, colleges and universities on E visa, and do not have to apply for separate student visa such as an F-1 visa. You may bring a domestic or personal servant on nonimmigrant status also, provided you can show that: • not abandoning his or her residence abroad;   • has served you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant. Q: I would like to apply for E-1 visa to work for a small company in U.S. What are the requirements and qualifications for E-1 visa application? A: The E-1 treaty trader visa is a nonimmigrant visa which allows foreign nationals of a treaty nation to enter into the U.S. and carry out substantial trade. A treaty trader belongs to a nation that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S. Trade includes commercial transactions in goods and trade in services and technology like banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer and other measurable services which may be traded. The following are the requirements to qualify for E1 visa: • You are an executive, manager or specialist in a treaty nation company operating in the U.S., or you own 50 per cent of the company;   • The nationals of your country own at least 50 per cent of the stock of the company i.e. the firm has the nationality of the treaty country;   • You are a citizen of a treaty trade country, and are involved in international trade;   • You are the immediate family members of a principle E-1 visa holder.                                     On E-1 visa, you may: • Work legally in the U.S. for a U.S. company where more than 50 per cent of the business is trade between the U.S. and your home country;   •  Travel freely in and out of the U.S;   • Stay in the U.S. on a prolonged basis with unlimited two year extensions as long as you maintain E-1 qualifications;   • Bring your dependents along to the U.S. Your spouse can also work in the U.S.

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